The primary questions foreclosure defense attorneys get from prospective clients are:
- What can an attorney do for me?
- What defenses exist when the homeowner admits that they have missed payments? and
- How much do the services cost?
What can an attorney or a lawyer do for me?
- First, a local attorney knowledgeable about the local market, judges and local programs available to homeowners can provide the homeowner with valuable time to get their affairs in order or otherwise, assist in the mediation process to explore refinancing options, short sales or deed in lieu of foreclosure. A knowledgeable experienced attorney can make sure the bank or lending institution does not skim through the process and avoid doing all the necessary steps required in the litigation process, such as proving ownership of the mortgage or note and proving which mortgage payments were made or not made. It still amazes me to this day how cursory banks have been in maintaining the integrity of the mortgage documents or to actually have the relevant information necessary to process the foreclosure. But in any event, no attorney can legitimately guarantee, in the long run, that they will be able to keep the home for the homeowner without payment back to the bank.
Are there really defenses?
- The foreclosure defenses include improper party joinder, lack of authenticity of documents, failure to provide originals, undocumentation of mortgage sale or transfer, payment or partial payment, failure to mediate (in good faith), short sales, and fraud or fraudulent inducement of execution of note.
How much does it cost to retain or hire a competent attorney?
- Attorneys are permitted to set their own hourly rates or flat fee rates. But a ball park estimated fee is between $1,400 – $2,500 flat fee, which is generally about one mortgage payment. Most of the time, an attorney will be able to assert your rights and allow you to stay in your home for many more months or even years, as opposed to defaulting on the Complaint. It is critical that you at least answer the complaint, otherwise, if you are defaulted, you may be removed from your home in as little as 60 days. At Arcadier and Associates, under most circumstances, we offer foreclosure defense for $1,500 flat fee. We offer $100 foreclosure initial consultations, of which, if we are retained, we credit your account against the retainer agreement. Under most circumstances, we also offer payment plans.
Arcadier and Associates is highly regarded as a Top Attorney by AVVO.
Lawyer Maurice Arcadier | Top Attorney Foreclosures
Foreclosure and Foreclosure Defense includes the following categories which our law firm has experience with:
- Affirmative Defenses
- Commercial Foreclosures
- Deed in Lieu
- Principal Reductions
- Residential Foreclosures
- Short Sales
- Tenant Foreclosure
If you are ready to set up a consultation at a convenient time, please call 321-953-5998 during normal business hours. A competent experienced and friendly attorney is ready to meet with you and address your needs and discuss all available options to you.
If you are interested in learning more about the foreclosure process prior to setting up your consultation, see: Current Status of the Foreclosure Market in Brevard County, Palm Bay and Melbourne, Florida, Foreclosure Remedies and Understanding Foreclosure Mediation.
More foreclosure information..
Current Status of Foreclosures in Brevard County
Although home foreclosure activity has slowed somewhat over the past 12 month period, from its highs in 2009 and 2010, home foreclosures are still occurring at historical highs all across the United States and Florida is no exception. In fact, Florida is one of the states with some of the highest foreclosure rates in the entire country, coming in at number seven in the country in the March, 2012 CNBC listings of states with the highest home foreclosure rates.
It is a very unfortunate and very painful process when you find yourself in the situation where you are about to lose your home to foreclosure. Unfortunately, foreclosure is a legal process that provides the lender or lien holder of real or personal property a legal remedy when the mortgagor defaults on the mortgage.
Legal Options and Remedies for Foreclosure Defense
The good news is that you have many legal options and remedies to help you save your home from foreclosure. There have been many federal programs and court rules that now give a lender many more options and rights than they had before to initiate foreclosure activity. However the same is now also true for you, the mortgagor. You have numerous legal rights and remedies at your disposal when your home is foreclosed upon. Just as the laws have changed to help the lenders, laws have also changed at the county, state and federal level to help you the borrower, keep your home and save it from foreclosure.
In the state of Florida, the Florida Supreme Court has required that the Chief Judge of each Florida Circuit Court must enact foreclosure processes that address the particular needs of their specific circuit. This is why it is so important for anyone facing foreclosure to seek the advice of a local attorney that will have the knowledge of the laws specific to their area.
AAA Mediation Foreclosure Defense Services
(Understanding the foreclosure mediation process)
In Brevard County, there has been a required mediation program enacted through AAA Mediation Foreclosure Services. In this program, the lender is required to pay the fee for the mediation and the borrower receives consulting and mediation with the lender in order to resolve the foreclosure and negotiate a favorable solution. The Law Offices of Arcadier & Associates are experienced in guiding and advising our clients through this program and fighting the foreclosure process to achieve the most favorable result possible. Additionally there are other programs such as the Homeowners Affordable Modification Program (HAMP) that can significantly reduce your mortgage interest rate, extend the life of your loan or add delinquent payments and fees back on to the end of the loan.
We are Melbourne, Florida and Brevard County foreclosure attorneys and are experts in the local laws, programs and remedies that may be able to help you save your home from foreclosure. We can expertly assist you in loan modifications, short sales, negotiations with the bank and when necessary we will represent you in litigation and require the bank to prove all the elements of their foreclosure action.
At Arcadier and Associates, Personal Injury Law is our specialty. We have attorneys who are dedicated in practicing personal injury law. We have over 20 years of combined experience. Mr. Arcadier, the managing partner, is board certified in labor and employment law and is AV ratedby the reputable rating standard established by MartinDaleHubble and Lawyers.com.
If you need an experienced, focused, and qualified attorney, contact the law office of Arcadier & Associates, P.A. Our Melbourne office is centrally located, enabling us to serve clients throughout the Space Coast; including Brevard County, Palm Bay and Vero Beach.